"Always Straight Talk, with Plain English, no sugarcoating, no B.S. lawyer talk, no double talk. Just old fashioned, unsweetened, unvarnished truth.” Defense Base Act Attorney - Bill Turley
When handling your DBA case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat their injury and the courts throw out the case. Why? All because they were not honest from the get-go.
The DBA insurance company is not on your side. They have traps laying around for you to fall in. And bet on it, if you do not follow the proper steps with your DBA case, you will fall right in.
The Next Step
Remember the DBA insurance company is not your friend. I strongly suggest you order a free copy of my book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. Trust me. My only goal here is to make sure honest hard working folks like you, do not get ripped off by these companies.
Also you can check out my podcast at DBAradio.com where I cover important DBA issues.
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Call us today at (619) 234-2833 or you can fill out the contact form on this web page.
Defense Base Act Labor Market Surveys - What you are facing
It bears repeating - - if you are unable to return to your DBA job, then the burden shifts to the DBA insurance company to show specific jobs that you can perform in the geographic area where you live. The DBA insurance company will do this by hiring a vocational rehabilitation expert to conduct what is called a “Labor Market Survey.” Or “LMS.” The LMS is trying to establish the existence of suitable jobs in order to meet their burden of proving suitable alternative employment.
The DBA Labor Market Survey
In essence, the Labor Market Survey is a list of alleged specific jobs which the are allegedly available to you in the area where you live. . For the job opportunities to be realistic, the DBA insurance company must establish their precise nature, terms, and availability. The LMS must list jobs that you can perform physically. In addition, you have to be qualified to perform the job listed in the LMS.
This is all about you. Meaning, the Judge is first looking at your age, education, training, work experience, and aptitudes. Then the Judge looks at the geographic area where you live in order to see what jobs are available to you. Next the Judge looks at the Labor Market Survey and decides whether the jobs listed in the Labor Market Survey are really available to you. Next the Judge looks to see if you actually tried to get the jobs and what the results were. Finally, the Judge is sizing you up, so to speak. If you are likable and believable - it goes a long way to winning your DBA case.
Don’t forget the basis for all of this is whether you can return to your DBA job due to your DBA related injuries. None of this matters if the Judge determines that you, in fact, able to return to your DBA job.
The DBA Wage Loss Concept In The Real World
You need to immediately apply for each and every job in the Labor Market Survey. You need to carefully record and document your efforts to get these jobs. If you actually get one of these "jobs" - that is great. But chances are, you won't.
I have been doing this for years and I can tell you that in many instances, these jobs simply do not exist. The LMS person will simply make them up. Or the jobs will be jobs that existed a year or so in the past. That is why I say they are alleged jobs.
It is your Defense Base Act lawyer's job to attack the foundation and conclusions in the Labor Market Survey. This is often done while cross-examining the insurance company's vocational rehabilitation expert at trial.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley